If I140 is rejected in what time frame can you apply for new H1

R

r240968

Registered Users (C)
If any one has an idea please reply.

If your I 140 gets rejected then you leave the country. As soon as you are out of country process new H1 with premium processing. It will usually takes 15 days for approval. Then re enter the country in 15 days. So you can take a leave of 1 month & return with new h1 for six years.

Is my understanding correct.Or BCIS will not approve your new H1 appl. if i 140 is rejected once. Or if there is a certain time we have to wait before we can apply for new H1.

Thank you.
 
H1 has nothing to do with the outcome of I-140 except you will not get the 7th year extension unless your GC process (LC/140/485) is pending for more than 365 days and has not been denied. If you have already received 7th year extension, I doubt it would be cancelled automaticaly because your I-140 has rejected.
Different criteria applies for 140 and H1.
 
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